1. a) An act or omission alone may not make a person guilty in criminal law unless the law
expressly states so. Explain and distinguish the other mental attitudes one may have
under our law, as provided in statutes and judicial interpretation in order to be culpable.
Discuss (the) exception(s) to these requirements (25 marks)
b) John Mtenda Maovu returned home in a state of violent excitement. When the wife
came home, he promised to give her something. Shortly thereafter, they disagreed
loudly. She ran out of the house to the yard with the accused in pursuit. She fell on the
pavement next to the yard and the accused kicked her on the left arm. She then died. It
was medically established at trial that the bruise on her left arm resulting from the
accused assault was not the cause of death and that although she had previously been
healthy; she suffered from a thyroid gland problem which could cause death if fright or
strong emotion were combined with physical exhaustion. Decide the charge facing the
suspect, John, who has been arrested and brought before your court. (5 marks)
2. Explain the meaning of the following, giving examples from statute:
a) Irrebuttable presumption of law. (5 marks)
b) Double jeopardy. (5 marks)
c) Rebuttable presumption of fact. (5marks)
d) Rape, as an offence (5 marks)